Regulations Regarding the Types of Special Means and the Procedures for the Use Thereof by Police Officers and Border Guards

Issued pursuant to Section 13, Paragraph four,
Section 19, Paragraph seven
and Section 19.1, Paragraph six of the Law On Police
and Section 17, Paragraph five of
the Border Guard Law

1. This Regulation prescribes the types of special means, which may be used by State Police officers, Security Police officers, local government police officers, Port Police officers and border guards, as well as the procedures for the use of such means.

2. It is allowed to use the following special means:

2.1. means of binding;

2.2. handcuffs;

2.3. arm and leg irons;

2.4. truncheons;

2.5. electric shock devices;

2.6. gas cylinders;

2.7. means of restricting vision;

2.8. devices for spraying or firing irritating or paralysing substances;

2.9. means of restricting the movement of persons;

2.10. means of forcibly stopping vehicles;

2.11. devices for firing such elements, which are not intended to have lethal consequences (for example, devices for firing gases, paint and rubber):

2.12. smoke candles;

2.13. smoke grenades;

2.14. gas grenades;

2.15. light and sound grenades;

2.16. rubber pellet grenades;

2.17. sound devices of psychological effect;

2.18. devices for opening premises;

2.19. means of demolishing barriers;

2.20. portable water spraying devices;

2.21. means of neutralising improvised explosive devices;

2.22. water cannons;

2.23. vehicles specially equipped with water cannons.

3. A State Police officer shall be allowed to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22 and 2.23 of this Regulation.

4. A Security Police officer shall be allowed to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19 and 2.20 of this Regulation.

5. A local government police officer shall be allowed to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.4, 2.5 and 2.6 of this Regulation.

6. A Port Police officer shall be allowed to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.4, 2.5 and 2.6 of this Regulation.

7. A border guard shall be allowed to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.4, 2.5, 2.6, 2.8, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.18, 2.19 and 2.20 of this Regulation.

8. A decision to use the special means referred to in Sub-paragraphs 2.1, 2.2, 2.4, 2.5 and 2.6 of this Regulation shall be taken independently by a State Police officer, Security Police officer, local government police officer, Port Police officer or border guard.

9. A decision to use the special means referred to in Sub-paragraphs 2.3, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16. 2.17, 2.18, 2.19, 2.20, 2.21, 2.22 and 2.23 of this Regulation shall be taken by the head of an institution or his or her authorised official.

10. An oral warning shall be given to a person prior to the use of special means.

11. Special means may be used without a warning in cases where a delay in the use thereof causes direct threats to the life or health of a person or may cause other serious consequences, of if such warning is not possible in the particular situation.

12. Means of binding, handcuffs, arm and leg irons shall be used in case, if it is necessary to tie or lock arms or legs or arms and legs of a person simultaneously.

13. When using means of binding, handcuffs, arm and leg irons, it shall be ascertained that a person cannot free himself or herself from them.

14. If a person is being transferred under the supervision of security guards in a vehicle, his or her hands shall be bound or locked by handcuffs at the front, but, if a person is being transferred under the supervision of security guards on foot, his or her hands shall be bound or locked by handcuffs behind him or her.

15. The means of binding or handcuffs shall be removed from a person;

15.1. during a court sitting, except the case if there is justified suspicion regarding the possibility of the person escaping, carrying out an assault or offering resistance;

15.2. during a visit to the toilet;

15.3. when the person being transferred is handed over into the supervision of other security guards, except cases where means of binding are used; or

15.4. if there are threats to the health or life of the person.

16. It is prohibited to keep hands of a person bound or locked by handcuffs for more than two hours at a time.

17. If a person under the supervision of security guards is being transferred by foot and the air temperature is less than 0°C, it is not permitted to use the means of binding or handcuffs for longer than:

17.1. one hour, if the air temperature is not less than 10°C; or

17.2. half an hour, if the air temperature is less than 10°C.

18. In the cases referred to in Paragraph 16 and Sub-paragraphs 17.1 and 17.2 of this Regulation the means of binding or handcuffs shall be taken off for a period of time from 15 to 20 minutes.

19. The special means referred to in Sub-paragraph 2.3 of this Regulation shall be used, if it is necessary to transfer such person outside of a place of imprisonment, who has been sentenced to life imprisonment. The arm and leg irons shall not be removed throughout the time that the person is being transferred and under supervision.

20. A truncheon, which is a cudgel with or without an extra handle, shall be used, if it is necessary to ward off an attack by a person or to stop his or her resistance to lawful requests. It is prohibited to use a truncheon, if the resistance of the person to lawful requests manifests itself as passive resistance.

21. It is prohibited to use a truncheon for hitting the head, neck, abdomen or groin.

22. An electric shock device shall be used, if it is necessary to temporarily paralyse a person or animal by means of high-voltage electric charge.

23. It is prohibited to direct an electric charge at the head, groin or heart area.

24. A gas cylinder shall be used, if it is necessary to temporarily disorientate or paralyse a person or animal with liquefied gas.

25. It is prohibited to use a gas cylinder near an open flame.

26. Means of restricting vision, which are opaque woven articles adapted to the eye form of a person, shall be used, if it is necessary to disorientate a person.

27. Devices for spraying or firing irritating or paralysing substances shall be used, if it is necessary to temporarily disorientate or paralyse a group of persons or an animal.

28. It is prohibited to use devices for spraying or firing irritating or paralysing substances near an open flame.

29. Means of restricting the movement of persons shall be used, if it is necessary to hinder the motion and movement of a person, a group of persons or an animal with nets, ropes, adhesive substances or foam, which are fired from special devices.

30. It is prohibited to direct adhesive substances and foam at the head of a person.

31. Devices for firing such elements, which are not intended to have lethal consequences, shall be used in cases, if it is necessary to temporarily disorientate or mark a person or a group of persons with pyrotechnic or pneumatic charges, which upon detonation direct traumatising elements or elements containing paint.

32. It is prohibited to use devices for firing such elements, which are not intended to have lethal consequences, at locations where there is a production unit or a warehouse of inflammable, explosive, toxic or highly hazardous substances, as well as to aim at the head or groin area.

33. Means of forcibly stopping vehicles shall be used, if it is necessary to stop a vehicle, by causing mechanical damage to tyres.

34. It is prohibited to use means of forcibly stopping vehicles:

34.1. for stopping an engine powered two-wheeler or three wheeler, as well as a quad-cycle; or

34.2. on sections of roads with restricted visibility, which is less than 100 m in one direction, on an ascending road or a descending road, on railway crossings, in tunnels, on bridges, trestles, flyovers, as well as at locations where the use of such special means may threaten persons not involved in the violation of the law, by causing a road accident.

35. Smoke grenades shall be used, if it is necessary to disorientate a person or a group of persons or force them to leave a specific territory.

36. Smoke grenades, gas grenades, light and noise grenades, as well as rubber pellet grenades shall be used in the case, if smoke, irritating and paralysing substances, light and noise effects or directed rubber elements, which result from explosion thereof, temporarily disorientate, have a psychological effect or temporarily paralyse a persons or a group of persons.

37. Psychological effect and sound devices shall be used, if it is necessary to temporarily disorientate or psychologically affect a person or a group of persons with ultrasound or a great noise.

38. Devices for opening premises shall be used, if it is necessary to enter closed territories, buildings and premises.

39. Means of demolishing barriers are vehicles or devices, the technical construction of which is intended for demolishing various barriers.

40. Portable water spraying devices shall be used, if it is necessary to prevent ignition of persons or objects and perform extinguishing during group violations of public order or during mass disorders.

41. Water cannons or means of neutralising improvised explosive devices shall be used, if it is necessary to neutralise various types of improvised explosive devices.

42. Vehicles specially equipped with water cannons shall be used, if it is necessary, with a high pressure water jet, to stop group violations of public order or mass disorders, demolish barriers or establish passages through them.

43. State Police officers, Security Police officers, local government police officers, Port Police officers and border guards shall use special means, observing the conditions for use specified by the manufacturer for the special means.

44. Cabinet Regulation No. 209 of 3 March 2009, Regulations Regarding the Types of Special Means and the Procedures for the Use Thereof by Officers of the State Police, Security Police, Local Government Police and Border Guards (Latvijas Vēstnesis, 2009, No. 37), is repealed.

Prime Minister V. Dombrovskis

Minister for the Interior L. Mūrniece